Citation Nr: 19154752
Decision Date: 07/16/19	Archive Date: 07/16/19

DOCKET NO. 15-43 391
DATE:	July 16, 2019

REMANDED

Entitlement to an effective date earlier than June 30, 2014 for the award of service connection for degenerative disc disease and degenerative joint disease of the lumbosacral spine is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from December 2004 to December 2005 and from August 2011 to September 2012, to include service in Kuwait/Iraq. He also had service in the Army National Guard, to include a period of initial active duty for training from August 1999 to April 2000.  Among his many awards, he received the Armed Forces Reserve Medal, the Iraq Campaign Medal, the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Combat Action Badge. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The RO granted service connection for degenerative disc disease and degenerative joint disease of the lumbosacral spine, effective June 30, 2014. 

Entitlement to an earlier effective date is remanded. 

In April 2019, the Board wrote the Veteran to inform him that evidence had been added to the record which had not been previously considered by the agency of original jurisdiction (AOJ).  He was notified of his right to have the AOJ review the evidence and of the fact that he could waive that right by submitting a waiver in writing.  

The Veteran was explicit in his response.  He expressly indicated his desire to have his case remanded to the AOJ for review of the new evidence. See April 2019 Additional Evidence Response Form.  As such, the appeal must be remanded.  See 38 C.F.R. §§ 19.37(b) and 20.1304(c). 

This matter is REMANDED for the following action:

1. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record.

2. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and his representative should be issued a  

supplemental statement of the case.  An appropriate period of time should be allowed for response.

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	F. Lanton, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.